Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35783
Michael Melchior Trupei v. City of Toronto Inc., et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-12-04 | Close file on Leave | |
| 2014-12-04 | Reconsideration not accepted for filing | |
| 2014-07-31 | Correspondence received from, respondents confirming service of motion for reconsideration | City of Toronto Inc. |
| 2014-07-15 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2014-07-14 | Motion for reconsideration of the application for leave to appeal, (Book Form), Missing proof of service (respondent confirmed service), Completed on: 2014-07-31 | Michael Melchior Trupei |
| 2014-06-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-06-13 | Judgment on leave sent to the parties | |
| 2014-06-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C57180, 2014 ONCA 46, dated January 17, 2014, is dismissed with costs. Dismissed, with costs |
|
| 2014-05-12 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2014-05-06 | Applicant's reply to respondent's argument, Completed on: 2014-05-06 | Michael Melchior Trupei |
| 2014-04-28 | Certificate (on limitations to public access), (Included in the respondent's response on the application for leave to appeal) | City of Toronto Inc. |
| 2014-04-28 | Respondent's response on the application for leave to appeal, Completed on: 2014-04-28 | City of Toronto Inc. |
| 2014-04-22 | Correspondence received from, Michael Trupei dated 2014-04-03. Re: Issues with the draft order | Michael Melchior Trupei |
| 2014-03-25 | Correspondence received from, Michael Trupei dated 2014-03-24. Re: Request to the Court of Appeal for the approval of the draft order | Michael Melchior Trupei |
| 2014-03-25 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened on 2014-03-25 | |
| 2014-03-24 | Certificate (on limitations to public access), (Electronic version filed on 2014-03-24) | Michael Melchior Trupei |
| 2014-03-24 | Notice of application for leave to appeal, Completed on: 2014-03-24, (Electronic version filed on 2014-03-24) | Michael Melchior Trupei |
| 2014-03-17 | Correspondence (sent by the Court) to, Acknowledgment letter | |
| 2014-03-14 | Correspondence received from, Michael Trupei dated 2014-03-08. Re: Fee waiver request to file the application for leave to appeal - Granted by the Registrar on 2014-03-26. | Michael Melchior Trupei |
| 2014-03-14 | Application for leave to appeal, Missing C/A order, Completed on: 2014-06-12 | Michael Melchior Trupei |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Trupei, Michael Melchior | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Toronto Inc. | Respondent | Active |
| 51 Police Division | Respondent | Active |
Counsel
Party: Trupei, Michael Melchior
This party is not represented by counsel.
Party: City of Toronto Inc.
Counsel
26th Floor, Metro Hall, Stn. 1260
55 John Street
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-7244
FAX: (416) 397-5624
Email: matthew.cornett@toronto.ca
Party: 51 Police Division
Counsel
26th Floor, Metro Hall, Stn. 1260
55 John Street
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-7244
FAX: (416) 397-5624
Email: matthew.cornett@toronto.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Judgments and orders – Summary judgment – Respondents’ motion to strike applicant’s statement of claim and dismissing his action granted – Whether Court of Appeal erred or failed to give reasons as to why it would not give effect to applicant’s submission regarding misfeasance in public office, in finding motion judge committed no error and correctly applied the law, and why negligent investigation of theft of backpack was not considered – Whether Court of Appeal failed to adjudicate applicant’s reserved issue that he was entitled to amend his statement of claim as of right
The applicant brought an action against the City of Toronto and 51 Police Division for the negligent investigation of the theft of his backpack in 2009 and for misfeasance in public office. The respondents brought a motion to strike his claims and to dismiss his action.
Lower court rulings
Ontario Superior Court of Justice
CV-11-437215, 2013 ONSC 2963
Applicant’s statement of claim struck without leave to amend
Court of Appeal for Ontario
C57180, 2014 ONCA 46
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available